In a bail petition under the NDPS Act, 1985 for alleged commercial quantity of methamphetamine, the High Court held that Section 37 applies due to the quantity seized, thus rejecting the bail plea and dismissing the petition.
Bail prayer rejected; Crl.O.P. dismissed; Trial to commence within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.13613 of 2024
T.V.THAMILSELVI, J.
The petitioner/A3, who was arrested and remanded to judicial
custody on 16.07.2023, in R.R.No.21 of 2023 in NCB F.No.48/1/9/2023-
NCB/MDS, registered for the alleged offence punishable under Section 8(c) r/w 22(c), 23 (c), 24, 28 and 29 of NDPS Act, 1985 seeks bail.
T.V.THAMILSELVI, J.
drl
completed and the trial is going to commence, and at this stage, if the petitioner enlarged on bail, he may affect adversely the trial process. However, he opposed for the grant of bail to the petitioner.
the facts and circumstances of the case and also taking note of the fact that the contraband seized is a commercial quantity and hence, Section 37 of NDPS Act attracts, this Court is not inclined to grant bail to the petitioner.
05.07.2024
drl
Crl.O.P.No.13613 of 2024
05.07.2024
3 issues framed by the court
Whether bail should be granted in a case involving commercial quantity of narcotics under the NDPS Act, 1985.
Whether Section 37 of the NDPS Act, 1985 applies to the facts of the present case.
Whether the petitioner, an A3 accused remanded to custody, should be released on bail.
2 provisions across 1 enactments
T.V.THAMILSELVI
T.V.THAMILSELVI
State of Tamil Nadu
T.V.THAMILSELVI
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
